Customer Reviews

Military Tribunals & Presidential Power: American Revolution to the War on Terrorism

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You may have heard of military courts-martial, which in U.S. practice have evolved into something parallel to other U.S. courts, with independent judges and defense counsel, rules of evidence and procedure, military courts of appeal, and rooted in case law and applicable Constitutional law. The tribunals -- "military commissions" -- were different: an extraordinary and special proceeding with none of those guarantees, and, until 9/11, a freak wartime event last seen in WWII (Mr. Fisher's recent and excellent "Nazi Saboteurs on Trial" addresses one such case). Now the Bush Administration has revived the military commissions and this book is a timely (mid-2005) re-telling of the history and practice of these tribunals. I've written and researched on this topic and find Mr. Fisher's book is possibly the best single volume on the subject. His prose is clear to the layperson, he is brilliant in putting the tribunals in context, and is quick to find parallels in the detention (WWII + post-9/11) case law.

(Postscript: the U.S. Supreme Court ruling on Hamdan v. Rumsfeld, June 29, 2006, was directly on point to military commissions and Presidential powers. The book is still very worth reading in light of possible attempts in Congress to address the issue.)